Trendy Women’s Sandal Styles in 2020

Women's footwear styles and trends have a lot to do with specific regions and also the women living in those places. As far as footwear inspiration goes, every major city has its own strengths and trends. New York is ideal for indie designers; London is cool and quirky; Milan is known for its luxe leather offerings, and Paris is pretty much over-the-top always. Still, there are some trends that tie these cities together. Let's take a look at the women's sandal styles in 2020. Some of these may be a lot more popular during specific periods of the year. For instance, the open-toe designs would be a lot more commonplace during the warmer months. Comfort would also be prioritized this season, with platforms and flats making a big comeback.

The following is a low-down on the women's sandal types that would be trending in 2020.

Gladiators

Gladiator sandals have been around since ages; they are strappy footwear with a T-bar flowing down their fronts. The design draws massive inspiration from the shoe that the Romans wore. A primary reason these sandals have been relevant for so long and trendy every season is the way they seamlessly marry style and comfort.
These sandals are great to wear during vacations and complement typical holiday outfits such as maxi dresses. They also go well with office wear or tailored trousers if you would like your feet to feel free and open during summer. A floral skirt or denim shorts also look great with gladiator sandals. If you are wearing gladiators, make sure they are the highlight feature of your entire look. They shouldn't get overpowered by any other accessory you might wear. If the sandals are not standing out or grabbing attention, then you're not wearing them right.
Usually made of either brown or black leather, the additional straps on these gladiators are not just a design element but also provide your feet extra support, which makes them ideal for walking long distances. The straps could climb as high as just below your knee or could stop at the ankle level. All gladiator sandals are not made the same. Therefore, make sure the pair you buy supports your feet well. A cushioning sole, proper fitting, and adjustable straps are things you must consider. Ideal gladiator sandal materials are leather, neoprene, memory foam, cork, etc.
Arch support is an essential factor, too, because improper support could mean your arches getting strained. It's recommended you look for gladiators that have a contoured arch so that they offer some level of cushioning to your arches. Also, the level of traction and stability the pair provides is essential. If the gladiators you purchased lack either of these two attributes, you might end up injuring your feet wearing them.

Flip Flops

Even women who cannot care any less about their footwear assemblage would invariably have a pair of flip flops in their shoe collection. The discreet look and functionality of flip flops make them so very ubiquitous. The simple and straightforward design makes it easy to put them on. Flip flops are also referred to as toe-post sandals. Flip flops are perfect to be worn in the garden, around the pool, or at the beach.
Flip flops work great at the beach since you could take them off easily and let your feet come in direct contact with the sand. Moreover, any sand stuck to flip flops can be quickly and easily washed away at the end of your beach escapades. Flip flops are one among the classic sandal styles that you can pair with a bikini and shorts for the beach look.
Flip flops are usually made of synthetic materials, making them waterproof and which explains why they are so beach- and pool-friendly. If you would like to wear flip flops in a not so casual and laidback environment such as the beach, make sure the strap is a bit more substantial in terms of thickness or width. There are very few women's sandals that complement shorts or a sundress as useful and as effortlessly as a pair of flip flops.

Slingbacks

Slingbacks have undergone a renaissance of sorts in the last few years, emerging as one among the most popular women's footwear styles. Major credit for this resurgence goes to the different fashion houses that have revived the custom. Typically, a slingback has a small kitten heel and a strap that traverses behind your ankle or heel. Unlike an ankle-strap, slingback straps do not entirely encircle your ankle.
Slingbacks usually come in a range of styles. They can be casual or dressy; have distinguishable heels or have none whatsoever; heel types could be thin like the ones that come with stilettos, or thick like wedges; they could be either open-toe or closed. A slingback strap is typically adjusted through an elastic segment or a buckle, letting you slip your feet in without having to manually adjust the buckle or strap, while still keeping your feet in the sandals reasonably securely. The clasp could be made of plastic, metal, or even stone.
If you're considering rocking a pair of slingbacks, make sure you pair the footwear with laid-back, modern outfits so that they don't look "grandmotherly" – which is, unfortunately, the image that has been created for slingbacks over the years. A bold pair of slingbacks would also go well with evening cocktail dresses.

Sliders

Also called slide sandals, sliders are traditionally not viewed as "cool" or "trendy." However, the fashion and women's footwear industries have this tendency to add a unique twist to an otherwise mundane item and make it look cool all of a sudden. Sliders have been receiving such attention and love in the recent past.
Sliders are taking flip-flops' simplicity and adding some design elements to the mix. You may come across "gladiator" sliders, platform sliders, embellished ones, furry sliders, etc. These different designs may look unique, but they still belong to the family of "sliders". A pair of simple sliders are ideal casualwear for the feet. The statement pieces, on the other hand, could be teamed up with summery dresses and playsuits for some chic styling.
Casual sliders usually have a massaging footbed, an adjustable strap for convenience, and a lightweight midsole. The strap helps with securing your foot to the sandal. These casual sandals are ideal for soothing aching and tired feet. Sliders can be dressed down or dressed up and can be paired with pretty much everything from chic leather minis to boyfriend jeans.

Wedges

Wedges or wedge sandals are summer staples that could be worn throughout the year. Wedges are quite widespread and will increase in popularity during 2020 as they can be effortlessly dressed up and dressed down. For instance, an elegant pair of wedges would complement your outfit for a friend's summer wedding. Wedges are comfortable enough for office use too.
Unlike stilettos, these would not sink into the grass. They are, in fact, for ladies who fancy the extra height a stiletto offers but find their narrow heels uncomfortable. For a subtler look, go for a wedge of one to two inches. A four-inch wedge heel is ideal if you want to make a style statement. Thanks to their design, even the four-inch or higher wedges feel comfortable. Just make sure the extremely high-heel wedges are projected the way they should be. In other words, they should be your outfit's focal point.
Wedges are available in different materials. If you want a summery look and feel, look for a pair that has a jute or cork heel and some brown leather details. The couple should go well with dark and light blue denim. You may even combine the pair with a quintessential summer outfit. Look for a wedge that's not made using jute or cork if you are going to dress it up or wear one to a formal event.

Dress Sandals

Dress sandals are imperative for any fancy or lavish soirees or evening parties you may be hosting or attending this 2020 summer. These sandals blend the shape and class of high heels with the breathable summery sandals, resulting in a killer overall look. They go well with your evening outfits, particularly with dresses. Unlike high-heel shoes, these dress sandals would not make your legs look too long. Also, dress sandals complement wide-legged trousers pretty well, offering a streamlined appearance.

Embellished Flat Sandals

Embellished flat sandals are beautiful sandals ideal for a warm-weather, far-flung vacation. However, they could be just as handy at home during summer. Simply swap your closed-toe pumps with an embellished sandal, and you will be okay. The flat sandals, as the name indicates, don't have heels. If you want embellished sandals that add an inch or two to your height, you've got quite a few options. Embellished flat sandals are ideal for date nights, outdoor weddings, and graduation parties, and they would feel just as unique domestically as they would do abroad. The embellishments could be in the form of faux pearls, scarf wraps at the ankle area, paillettes, etc.

Peep Toe Sandal

A peep-toe sandal or shoe is a variant of the open toe sandals available for women. Unlike the other sandals in the family, peep-toe sandals have a reasonably small cut out or opening at the front, which makes only the first toe visible. The remaining four toes are invariably covered. Women's sandal styles, such as slingbacks, pumps, and booties, usually sport the peep-toe design.
Despite being classified as "dress shoes," peep-toe sandals are quite versatile in their way. They could be worn to your workplace or when you're partying with your friends at a club. During winter, wear them with opaque tights to go with your outfit or add some zing to an otherwise neutral ensemble.
Peep-toes have been around for decades and were particularly popular during the 1940s. By the 1960s, they were nowhere to be found. Then during the 1970s and 1980s, peep-toe sandals made a comeback only to go downhill again during the mid-1990s. Peep-toe sandals have re-emerged again in recent times. They are expected to be in the trend in 2020 and for at least a few more years after that.

Mules

At times referred to as slide sandal or clog, mules are incredibly comfortable summer footwear for women. But just because they are healthy, it doesn't mean they aren't stylish. They are easy to wear and carry and could even be flat or like loafers. They can be cute additions to pretty much any outfit, thanks to their accentuated toes and miniature height. You can pair them with flowing summer dresses to skinny jeans to almost anything.
Mules have been around since forever. They underwent a revival during the 90s, and have remained sought after since then, particularly during summers. This footwear style comes in a range of designs – from wild and funky to the plainest stuff. Not to mention, they serve as solid transition shoes. The design is backless, with the heel height ranging from high to flat. Generally, a heeled, closed-toe design is referred to as a clog. Open-toe, flat styles are called slide sandals.
Mules usually come with either two thinner straps or one thick strap. The two-strap models could be buckled. There are also styles wherein the two straps could be crossing over one another. Often, the straps are leather, but you get synthetic strap options too. As mules use only belts to secure your foot, they are effortless to put on and take off.

if you're buying a new pair of sandals in 2020, make sure you buy a pair based on your actual requirements and not based on what's in trend. If you walk a lot, make sure you purchase something that's light and has a comfortable and grippy sole. If you'd like to feel the breeze in your feet and want a sense of security at the same time, flip flops will not cut it. During your shopping, keep in mine If your feet are wider than average to get the appropriate fit. In the end, it's all about striking the right balance between style and comfort. If you prioritize style over comfort, you may end up wearing the "stylish" pair of sandals only once or twice. Regardless, you must give your feet love and pampering because they are precious.

January 04, 2020 — Tessy Edomwandagbon

Women Shoes: A Simple (But Complete) Guide in 2020

Women Shoes: A Simple (But Complete) Guide

Unlike clothing, shoes can go from season to season, year after year, and continue to look fashionable and in style. Not only are shoes a staple to a great wardrobe, but they can also be the crowning item in a stunning outfit, and can change the entire feel of your look, simply by going from boots to heels.

December 27, 2019 — Daniel pvtdoe82@hotmail.com

Why do Women Love their Shoes?

The strength of a woman is undeniable, and when she puts on her favorite pair of shoes, she feels like the superwoman she is. One thing you can be sure of when it comes to women's thought is that every woman wants to look good and to have that confidence and strength not only on the inside but also projected on the outside. Believe it or not, but foot ware plays a significant role in the determination of a woman; whether you're in 6-inch high-heels, flats, platforms, or wedges, a woman can't get enough of their shoes. You seem to want more and more every time. Studies have shown that the average woman has between 17-27 pairs of shoes. It is just an average remember that, and it's hard to find women that have never heard of "Carrie Bradshaw" the ultimate shoes and fashion girl from "sex and the city.". For decades many women have been trying to copy her style, although a fictional character she truly embodied this person that most women aspire to be, especially her to die for shoe collection. Let us explore some reasons why women are just head over heels for their shoes.

Confidence is your Armor
A woman's invisible armor is her confidence. Although mentioned above, you have to recognize how important faith is. When a woman armors herself with her beautiful classic pumps, knee-high boots, or thong slippers, she feels empowered with confidence, like she's ready to face anything the world will throw at her. The way people think makes a big difference in attitude, and if she feels impressive, chances are you will know it as well. She'll have her head up, back straight, let's go on to see how the right pair of shoes can improve posture.

Great Posture
Sitting up straight is something our parents have been telling us since adolescence but, did we really listen to them? Most of us probably didn't and paying for it now. When you wear the right shoes, it can help your posture tremendously. Many women recognize this, and it's also part of the reason women have so many shoes because every pair has a different purpose. Sometimes you see these women that have 6-inch heels on, and their back is perfectly straight. Now, that's a woman that has a fantastic posture.

Perky Bottom
It used to be a secret, but it's out there now, and we have to talk about it. Many women wear heels to perk up their bottoms. When it comes to loving shoes, this has got to be a great reason. Imagine you hear a pencil skirt, and it looks good, and after you put on your heels, your booty says hello to you. It's incredible how something so small can make such a big difference to a woman's confidence and how she looks.

Makes you look Taller/Shorter
It's no secret sometimes women just want to appear taller, an easy fix for this is beautiful high heels. What is there not to love about heels. On the other hand, if you want to look a little shorter if you are a tall girl, grab some flats and call it a day. Shoes are a lifesaver for those tough moments.

Long Long Legs
It's all about the legs; if you have long legs, you're already there but, if you don't, you might want to consider figuring what shoes you should be wearing to elongate your legs. Long legs make you look fantastic, and the right pair of shoes can make you have the illusion of long legs. Sometimes you have to fake it but just be on point.

Conversation starter
One of the first things a woman will notice on another woman is their shoes. Which calls for a great conversation starter. Bonding overshoes can bring people together. Next time you walk past someone with fabulous shoes, compliment them you don't know where it'll lead.

Have a Complete Outfit
A pair of shoes can make magic happen; an incomplete outfit is a little bit underwhelming. Finding the right pair of shoes can complete an out. Whether it's boots, flats, heels, or pumps, you can always dress it up or down. Fashion is your creation. However, you want to dress casual or elegant just don't forget to complete the look with a great pair of shoes.

Style statement
When you walk out of your house, make sure people know you mean business. Well, something along those lines. You want your style to reflect in your shoes. Maybe you aren't a heels everyday woman, but on the other hand, you love boots and flats. Showcase your style and let the world know who you are.

Make Your Outfit Look Expensive
Most women know how to make themselves look good and know how to elevate their outfit to look expensive, even if the cost was average. Women have an eye for fashion, and shoes enable you to have those options.

Huge Variety
A big reason why women love shoes so much is that there is so much variety to choose from. There are shoes for every occasion you can think of. Want to go to a summer music festival, get yourself the most comfortable sandals or combat boots. Experiencing winter blues, that's comfortable boots will do the trick. Are you going out for dinner? Some classic high-heels are always there for the taking. Experiment with your shoes, there are so many to choose from.

Size doesn't matter
A little extra weight never hurt anyone; that's what they say. Well, if shoes could talk they would tell you the same thing also. Gaining some weight will not change your shoe size. Clothes, on the other hand, that's a different story. As for shoes, you can still own it on the catwalk. Shoes are very forgiving; you should always welcome forgiveness anytime in your home.

Another essential aspect to remember is that shoes don't discriminate your size. Whether a size zero or a size 30, beautiful shoes will look great on anyone without question, in this aspect, shoes are universal, almost like one size can fit all.

Collector's item
Shoes have the potential to be an invaluable commodity; just ask the men that collect sneakers. Women that recognize this will buy shoes projecting. It might be worth something one day, even if it's not their size. Sometimes a shoe line will have a limited shoe collection, and before you know it, it could quadruple in value in a few years. Don't sell it though, display it in your homes like a gallery or museum.

Ageless
Women love shoes that will never go out of style, such as a classic heel. Seasons may come and go, but the perfect footwear will be accessible all year round. Those are the shoes that go with everything; mostly, a woman can have a pair last a lifetime and even pass it on to the next generation.

Your Shoes Tell a story
Women have a way about them that screams" express yourself." they wear their hearts on their sleeve in every aspect of their life. Let's say; You feel happy today; you might put on a bright pair of pumps. For the times when you want to add some drama to your outfit, maybe put on a bold color heel. When you leave your home, do it with purpose. What you wear today might inspire those around you to tell a style story of their own, maybe.

Amazing Retail Therapy
Every time a woman buys a pair of shoes, her dopamine level increases. It's a natural high that makes you feel good. Let us be honest here, and many women are buying themselves shoes not because they have but, on the contrary, they just want to. There's also so many to choose from; this means they'll be happy forever.

Women are like chameleons; you can adapt to anything that life throws at you. A sincere belief about shoes comes from the fact that woman can have many styles in their wardrobe and shoes is a big part of that. Some of these fashion icons that women look up to have paved the way for them to be more expressive and to take risks; because style is not one dimensional. Although you might not have 200 pairs of shoes, you keep a keen eye on new shoe trends all the time with magazines, shopping, and word of mouth. As we explored earlier, a great pair of shoes isn't just about feeling amazing on the outside but also plays a significant role in how you feel inside. Whether you tell the story of an ageless or elegant shoe or about the pump that makes you feel confident and comfortable, you're still talking about shoes. If women want to love their shoes just stare from afar, she knows exactly what she's doing. That shoe confidence is a real thing.

December 21, 2019 — Daniel pvtdoe82@hotmail.com

Uniform Commercial Code and Texas Code

Uniform Commercial Code and Texas code



The Uniform Commercial Code abbreviated as UCC is one of the most comprehensive codes that address the most important aspects of commercial law. It is regarded as one of the most important developments ever made in commercial law in the US. The UCC provisions, revisions, and text are the product of experts of commercial law. The drafts are then submitted to the NCCUSL also known who collaborate with the ALI to ratify or reject the drafts or revisions. The commission is composed of qualified attorneys that include law professors, legislators, federal and state judges from all the states and territories of the United States (Anderson 1998).

These are not legal organizations but are quasi-public establishments. They meet to decide whether they should endorse new revisions of laws and regulations or send them back to the drafters with recommendations. The revision process often does lead to several draft documents that are all submitted to the Commissioners. It is the draft accepted by the commissioners that will be the recommended set of rules to be adopted by the states.


Uniform Commercial Code (UCC) History

The Uniform Law Commission (ULC)
The ULC was founded in 1892 and is intended to come up with constant commercial legislation. The ULC soon made a range of commercial laws that included the Uniform Stock Transfer and the Uniform Bill of Lading Act of 1909, the Uniform Warehouse Receipts Act in 1906 and the Uniform Sales Act in 1906. In 1940 the ULC was officially charged with drafting an all-inclusive code to guide all commercial transaction in the US. The ULC collaborated with the ALI in 1942 to come up with a commission that compiled commercial laws in one code that they called the Uniform Commercial Code (Anderson 1998). This was the code that was recommended for adoption to the states in 1951. Pennsylvania was the first of the states to enact the UCC and over the course of two decades the vast majority of the states also took it up. 


The American Law Institute (ALI)
The American Law Institute and the ULC collaborated to come up with the Uniform Law Commission that produced the UCC. The ULC realized that trying to draft a comprehensive commercial code on its own was too huge of an undertaking and hence brought in the expertise and experience of ALI in 1942. Over a decade of working together, the two establishments met to draft the different aspects of the commercial code. Most of their meetings were funded by a grant from a foundation with banks, law firms, and other private business also chipping in.


UCC Amendments and Versions
The first version of the UCC came out in 1952 and since then there have been many versions and amendments. The Code has had major overhauls and revisions that it has become one of the most comprehensive commercial codes ever (Hawkland and Bailey, 1988). With regard to the state by state application, different sections of the UCC are enacted differently. Moreover, the states may use a different version of the UCC that may not correspond to the latest version by the ULC. For instance, the major revisions in articles 1, 2, and 2A that was made in the year 2000 have been adopted in many states though some are yet to adopt them.

It is important to note that the UCC is a recommendation or model rather than a law or regulation. As such the UCC does not have any force of law as the ULC can only recommend policy to the states. Nonetheless, every state has enacted some form of the UCC and made it part of their legislation (Quinn, 2013). For instance, we have the California Commercial Code which borrows heavily from the UCC and this code has the force of law in California. Moreover, since the states apply to closely related versions of the code, there is relatively little difference in the commercial codes. However, it is not uncommon to find huge variations in application. For instance, Louisiana never adopted the second article of the code. As such it is always important to confirm that the state’s commercial code when trying to find answers to commercial issues in real life situations.


The UCC Today
The UCC is currently managed and maintained by a Permanent Editorial board appointed by the Uniform Commercial Code. The permanent editorial board comes from both ALI and the ULC. The board was set up in 1961 and has been I charge of monitoring commercial law and then recommends revisions and amendments to the UCC as it deems necessary. The PEB also publishes an official interpretation of the UCC which the courts can use to understand the provisions of the UCC when making rulings and judgments. The UCC was initially established with funding from the Falk Foundation but now has access to UCC publication royalties which it uses to further the development, amendments, and revisions of the UCC drafts.


General Provisions – Article 1
Provides the general provisions, definitions, and principles of interpretation for all articles and transactions covered in the UCC. The last revision of the article was in 2001 though there have been a few other amendments designed to bring the article in line with reviews of other articles. 

Sales – Article 2
The article regulated contracts for the sale of goods and is part of the original UCC code that came into effect in 1952. It was modernization and revision of the Uniform Sales Act of 1906 that had the stamp of approval of the NCCUSL. There was a revision that ALI and ULC recommended in 2003 but since the states were not interested in applying it, it was reversed leaving the 1952 version as the most recent version of the article. An important thing to note about article 2 is that it does not apply to sales of real estate or service contracts (Quinn, 2013).


Case Law
In Pass v. Shelby Aviation, the estate of Pass and his wife brought a suit against Shelby Aviation for breach of implied warranties as set out in Uniform Commercial Code Article 2 codified in Tennessee. The defendant was accused of replacing the rear wing brackets of Mr., Pass’s plane with faulty parts during maintenance which had caused an accident that had killed him and his wife. Shelby argued that the transaction was primarily for services and not the sale of goods. The court held that the principle to be applied in the case was whether the predominant thrust of a mixed contract was the sale of goods or services. It was held that the service provided was mainly for the services and hence the motion to dismiss by Shelby was warranted. 

Leases – Article 2A
Article 2A of the code was first added in 1987 and revised in 1990 and covers the leasing of personal property. According to the article, a true lease is when a person gives possession and the right to use goods to another for a fixed period of time in return for rent yet retains the title to the property. The article also deals with finance leases where the lessor supplies goods to the lessee as a form of financing.

Case Law
In Hertz Commercial Leasing Corp. v. Dynatron, Inc. Hertz Commercial Leasing sued Dynatron Inc. for breach of a leasing contract and sought deficiency judgment on the basis of default on the part of the defendant. The plaintiff relies on Article 2A of the UCC as the basis for its suit. The defendant has negotiated for office equipment with another company for the lease of a copier. The agreement has designated the plaintiff as a secured party or lessor and the defendant as lessee according to the provisions of the UCC. The defendant did not make any payments and asked that the plaintiff collect the faulty machine. The machine was repossessed by the plaintiff and sold off. Since the machine was sold for less than a quarter the amount of the lease the plaintiff sued claiming deficiency judgment. The defendant offered his defense under article 2-302 of the UCC terming the lease unconscionable and hence unenforceable. The court ruled for the defendant under the UCC. 


Negotiable Instruments – Article 3
The article directs negotiable instruments such as promissory notes, notes or checks that may have autonomous value due to being negotiable (Stone and Steinheimer, 1992). Any instrument that can be reassigned to another individual is negotiable and will be actionable against the original person that promised to make payment. It has been revised several times with the last of these amendments coming in 2002.

Case Law
In Re Veal, 449 B.R. 542 (9th Cir. BAP 2011) the Veals wrote a promissory note to GSF Mortgage Corporation in 2006. In 2009 the Veal declared chapter 13 bankruptcy listing AHMSI as a secured creditor. The Veals sought a stay against AHMSI but Wells Fargo sought relief from the stay as the trustee for AHMSI’s asset-backed securities. Under the UCC article 3 provisions, the court held that Wells Fargo has a right to claim since the promissory note was transferred to them as a person entitled to enforce it under the definition of the UCC. 


Collections and Bank Deposits – Article 4
The code is all about collections, checks, bank deposits, and the banking process including rules for automated interbank collections. 

Case Law
Schultz Food Company the plaintiff had an account with the defendant Wachovia Bank. Schulz refused to pay extra for the products and services the defendant used to prevent check fraud. The defendant made the plaintiff sign an agreement asserting that they would not have any liability should check fraud occur on his account. When a check by the plaintiff was stolen and paid by the defendant, Schulz demanded that the bank bear the loss but it refused. Cincinnati Insurance which paid a claim to the plaintiff sought to recover the amount from Wachovia and brought a suit under the provisions of UCC § 4-401(a) which charged their clients account for an altered check. It was held that Schulz could not depend on the UCC since there was no case for a contract of adhesion as he could have opened his account at any other bank and not have had to sign the deposit agreement.


Funds Transfers – Article 4A
The article that was first created in 1989 governs the rules for the receiving bank and the sender. The article was amended in 2012 to make it conform to federal law and associated regulations on electronic fund transfers (Quinn, 2013).

Case Law
While the UCC does not deal with the issue of electronic funds transfers, the courts have made the reasoning from the concepts analogized therein. In Delbrueck & Co v. Manufacturers Hanover Trust Company, it was held that transfer of funds through the Clearing Interbank Payments System was irrevocable. According to the courts, the concepts of the UCC did not apply to the case but that the concepts therein such as checks being final once accepted could make a good case for these transfers being irrevocable.


Letters of Credit – Article 5
These are instruments of payment that are promises made by a provider of credit to a beneficiary on behalf of the applicant. These are normally dispensed by a bank to their customers to facilitate trading transactions. The bank will typically present a draft on behalf of the person receiving the payment.

Case Law
In Philadelphia Gear Corporation, Plaintiff-Appellee, v. Central Bank, Defendant-Appellant central bank issued credit to the tune of 4.5 million dollars to Philadelphia Gear Corporation who was to deliver unspecified machinery to United Machinery Services. A few months later United and Philadelphia’s relations soured and United refused to pay for goods it said were not ordered. Philadelphia sued claiming a declaratory judgment asserting that the drafts were enforceable and that he was entitled to damages for wrongful dishonor. Relying on the provisions of the UCC the courts found that Philadelphia should be compensated for wrongful dishonor given that he had delivered goods as specified in the contract. 


Bulk Sales – Article 6
Under article 6 creditors of businesses selling merchandise from stock get protection from bulk sales risk (Tepper, 2016). The bulk sale refers to a situation in which a business sells a significant part of their inventory to a single buyer who then vanishes with the goods.

Case Law
In Reed v. Anglo Scandinavian Corporation Dorothy Hansen sold a huge assortment of ski boots and skis to the Anglo Scandinavian Corporation. The defendant was declared bankrupt a few months later and now the trustee is seeking summary judgment. According to the plaintiff, the sale of merchandise is illegal under the California Commercial code which makes certain bulk transfers null and void. Article 6 of the code holds that any substantial bulk transfer is void and fraudulent against the original owner of the goods unless adequate notice of such transfer is given. The court held that any transfer even if it is as little as 6.3% is deemed substantial and hence the plaintiff was entitled to get summary judgment.


Documents of Title - Article 7
Last revised in 2003, the article governs titles for personal assets that may include bills of lading, warehouse receipts and any other documents of commercial trade. The article seeks to take care of problems that arise during the transfer of title during shipping and storage. The main documents are usually the bill of lading by the carrier and the warehouseman’s receipts.

Case Law
In Davies Warehouse Co. v. Bowles, 321 U.S. 144 (1944) a public warehouse is the business that the state declares to be a public utility and hence is subjected to comprehensive regulation. These include all aspects of documentation that include the shipping and storage of goods.

Investment Securities – Article 9
The article last amended in 1994 offers an up-to-date legal structure and system governing the transfer of investment securities. It specifies a mechanism for holding and ownership of mutual fund shares, bonds, stocks, and limited partnership shares. It also sets out the duties and rights of the persons participating in the system (White and Summers, 2000).

Case Law
In Hulse v. Consolidated Quicksilver Mining Corp, the plaintiff entered into a contract with his sister Hulse to sell his shares to her. However, while he proceeded to file the necessary papers the company refused to transfer the shares as expected. Using article 8 of the UCC the court held that the company had violated its procedures that allowed members to transfer their shares to anyone they pleased as long as it was at par value. 

Secured Transactions - Article 9
The article last edited in 2010 governs any secured transactions that involve the use of the personal property for granting of credit. Each state has an office where one may file finance statements that disclose what interest they have in a secured property. The creditor may repossess and sell the property in the instance of the debtor defaulting on the debt (Quinn, 2013).

Case Law
In John Giovanni Granata v. Edward F. Broderick, Jr. Granata retained the services of Acciavatti to work in a legal malpractice case against Broderick and Gather. Acciavatti got $10,000 upfront and was to get a contingency fee when the case was won. Granata won the case and was awarded $1,597,193. The Supreme Court was to make a decision on whether the fees that an attorney expects to receive might be secured under the UCC article 9 and be deemed account receivable. The court also sought to determine if the lender was in compliance with the requirements of the UCC in perfecting its security interest.


Texas has implemented the following Articles of the UCC:
Article 3: Negotiable Instruments
The articles do not apply to payment orders or money transactions governed by Article 8 or Article 4A. Article 9 will always be superior to Article 4 if there ever is a conflict between the two (Anderson, 1998). Nonetheless, the operating circulars and regulations of the board of governors of the Federal Reserves will be superior to any provisions in the article to the extent that they are inconsistent with it.

Case Law
In Southwest Bank, Appellant and Appellee, v. Information Support Concepts, Inc., Appellee and Appellant No. 2-01-348-CV the court was to decide whether the proportionate responsibility principle of the Uniform Commercial Code Article 3 is applicable. According to Section 3.4 of the UCC, the law of negotiable instruments applies to that of conversion of personal property. Other than negotiation an instrument is also covered if it is taken by transfer from an individual without the authority to receive payment or enforce the instrument. 



Article 4: Bank Collections and Deposits:
Deals with the liability of a bank when it comes to non-action or action with regard to items it handles for the purposes of collection, payment, or presentment. It typically varies depending on the location of the bank. In the instance of non-action or action at a separate office or branch of a bank, its liability will be determined by the law of place where the separate office or branch is located. 

Case Law
In American Dream Team v. Citizens State Bank, it was held that when there is a chargeback due to non-action then Section 4.214 of the UCC will apply. The UCC preempted any cause of action that the plaintiff had in terms of suing for compensation under breach of contract. The UCC authorized the defendant to effect a chargeback as soon as it noticed that the monies sent were counterfeit. The chargeback would also have been a legal action in terms of the contract entered into by the two parties. 


Article 8: Investment Securities:
The article is applicable to similar equity or share interest that has been issued by an organization that operates under federal investment company law as an investment company. Investment company security will not include annuity contract, endowment, or insurance policy issued by an insurance company (Tepper, 2016).

Case Law
Article 8 is yet to be used in Texan case law


Conclusion
The Uniform Commercial Code UCC an excellent guideline for commercial law and arguably one of the best legal frameworks ever. Regularly updated by experts, the UCC is always being improved and expanded to cover all manner of commercial issues. While the code does not have the force of law, the fact that it has been adopted and enacted in all states in the US means that it is excellent commercial code. In fact, it has been used to decide many commercial cases since it has been codified into the commercial law of the states. Going forward, it is only going to get stronger and even more relevant as more states adopt the provisions and recommendations of the Uniform Law Commissioners who head the UCC.

 

 

References

Anderson, R. A. (1998). Anderson on the uniform commercial code. St. Paul, MN: West Group.

Hawkland, W. D., & Bailey, H. J. (1988). Commercial paper. Santa Monica, CA: Herbert Legal Series.

Quinn, T. M. (2013). Quinns uniform commercial code commentary and law digest. Boston, MA: West Publ.

Stone, B., & Steinheimer, R. L. (1992). Uniform commercial code forms with practice comments. St. Paul, MN: West Pub.

Tepper, P. (2016). Law of contracts and the uniform commercial code. Place of publication not identified: Delmar.

White, J. J., & Summers, R. S. (2000). Uniform commercial code. St. Paul, MN: West Group.

November 24, 2019 — Daniel Edomwandagbon

Regional and local tax strategies- how they affect the supply chain

Regional and local tax strategies- how they affect the supply chain



In this article, I shall be discussing how regional and local tax strategies, especially those regarding property, income, value-added and inventory taxes inherently influence the supply chain design.
There is an almost endless amount of businesses in this modern-day and age and a select part of them wish to - or have already- take their business on a global scale. Globalization is key to truly scaling your business to a magnificently high scale and to truly make your mark on this economically advanced world, however, it isn't exactly easy. When one wishes to take his/ hers business global they should consider taxes as different countries handle taxes in different ways.
The abundantly diverse ways different countries choose to handle their taxes systems play a key role in a company decides to not factor in taxes and duties in its supply chain design. This could be due to specific countries, similar to Brazil, whose complex tax laws interfere with multiple businesses prefer to not take into account taxes and duties for reasons as simple as they "cannot understand".
The supply chain itself is a system which constitutes a business's core, it is the methodology on how the business runs it's profits, growth, and costs. When considering whether or not to evaluate taxes and duties you must take into consideration that the global tax rate is 20% this can cost a company millions annually which is quite the price to pay. However, an argument has two sides to it and some may argue that a good business should be able to reap the benefits of taxes and duties by optimizing it to achieve the lowest taxes possible. Here are a few reasons why you should implement tax and duties in your supply chain design.
Lost savings:
The potential risk of losing out on savings by not considering regional trades and concessions.
Competition:
Smaller price competitiveness since you are not including
Any free trade agreements.
Plan:
Not having the ability to react fast enough can hold a burden on your financial situation and cause operational consequences
Long term analysis:
Finding out the issues of taxes and duties in future strategic issues such as mergers and acquisitions can be fundamentally vital globally and competitively wise.
The perks and benefits of including taxes and duties may outweigh the cons, however, tax Optimization is a key factor and when leveraged to your advantage can reduce taxes a great deal. Tax Optimization in a supply chain design often includes planning the tax costs and credits as well as logistics and manufacture costs into the supply chain design global businesses will be able to minimize taxes and costs. The best way to go about this is to use modelling technology. Modeling technology can be used to:
Design optimal supply changes strategies based on regulation changes
Quantify benefits from free trade zones and regional trade concessions
Measure impacts from various taxes
Final Verdict:
Overall, regional and local tax strategies pressure global businesses and companies to not include taxes in their supply chase design this leads them to lose profits and such and it is all caused by a misunderstanding between different countries tax laws.
This article was partly sourced from https://logisticsviewpoints.com/2taxes-and-duties- in-supply-chain-design/
This is were I had referenced my article from.
November 24, 2019 — Daniel Edomwandagbon

12 Angry Men

Twelve Angry Men: A Case Study in Negotiation Techniques

INTRODUCTION: PAGE 1

CASE ISSUES
At the beginning of the film, the jury is instructed to consider whether an unnamed defendant is guilty of first-degree murder. As the judge also instructs, a guilty verdict should be rendered if all jurors find that the defendant is guilty beyond a reasonable doubt.
The film soon reveals that the case is about a young adult who allegedly murdered his father. In order to begin assessing the defendant's guilt, the jurors discuss the mitigating and aggravating factors about the case. The defendant's state of mind is the first topic that is discussed in some detail, with attention paid to the boy's background in the slums. The defendant also had a rather chaotic life with his parents, with no mother in his life and his father in and out of jail. When the father was out of jail, he abused the defendant regularly and it seemed to have a direct effect on the defendant's criminal history.
Nonetheless, the majority of the film's negotiation tactics center around the "aggravating" factors about the defendant. There is testimony from neighbors at the scene of the crime stating that the defendant could be heard arguing and threatening to kill his father. Furthermore, a woman provided testimony stating she witnessed the murder itself from a window of a moving train. The police also provided testimony which seemed to nullify the alibi of the defendant. Furthermore, one of the central arguments about the defendant's guilt was the "unique" switchblade that was used to murder the father as well as the trajectory and depth of the stab wound.
In order to prove that the defendant was guilty, the jury would likely need to prove two components: the defendant's presence at the crime and that the defendant committed the crime.
 
JURY MEMBER No. 8 (Played by Henry Fonda)
Juror 8 is a quiet negotiator, who approaches discussions with careful and rational thought. Juror 8's negotiation style is calm, assured and balanced. Juror 8's process is similar to the scientific process - he hypothesizes his conclusion about the guilt about the defendant and then takes in the points of other jurors to confirm or reverse his hypothesis. At the same time, his quiet demeanor ensures that that the deliberations will remain calm and rational. This demeanor is highly beneficial, as juror 8 likely recognizes his opinion - not guilty - greatly contrasts with the opinions of other jurors in the room. This situation is a textbook dispute, where an opposing opinion is presented that is, in this case, universally not accepted by others (Ury, 1988).
Right at the start of the negotiations, Juror 8 is making a compromise. Juror 7 remarks on how he wants everyone to vote guilty so that he can catch the baseball game at the end of the day. Juror 8 likely recognizes this to be problematic and asks for an hour to discuss the case and prove that Juror 8 should be not guilty. In reality, as a rational and calm thinker, Juror 8 would likely prefer more than 1 hour but acquiesces so as not to alienate the other jurors. After all, Juror 8 understands he must reconcile and appear sensitive to the interests of the other jurors. Otherwise, he may risk alienating them altogether. The first negotiation technique - creating leverage - is veiled in this compromise (Lewicki, 2015). Juror 7 and Juror 8 are on opposite ideological spectrums when it comes to their desired transaction costs. Juror 8 proposes "meeting in the middle," but it would seem that he is receiving much more reward than Juror 7 by getting this concession. Juror 8 is also employing technique 2 - the far-point gambit - by only asking for an hour, it conveys that Juror 8 not only has indisputable evidence but the conclusion is also quite simple. The use of the far-point gambit has been defined as asking for a "reasonable" caveat in response to an exploding offer (Lewicki, 2015). Juror 7's desire for a quick verdict is similar to an exploding job offer because it is meant to ensure that Juror 7 maintains leverage and power over the proceedings. By publicly asking for an hour, Juror 8 has captured the attention of his fellow jurors.
Juror 8's negotiation style is quite brilliant in this sense, as he knows that as he makes progress he will gain more time with the other jurors. While this is not necessarily conveyed by the other jurors, Juror 8 likely hopes that each of the jurors has high perceived importance of outcome in the verdict. The revelations made by other jurors later in the film only serves to hammer home at this point. The initial vote and subsequent actions of Juror 8 reveal his preferred negotiation style. Juror 8 recognizes after the initial vote that he is the sole voter for not guilty. The third negotiation technique that Juror 8 employs is to reconcile the interests of the other jurors. By calling for the vote, Juror 8 has reconciled the interests of the other parties involved in the dispute (Ury, 1988). Juror 8's preference for rational assessment is countered by the varying profiles of the other jurors. Some of his peers are quick to anger, some short-sighted, and others simply want him to flip his vote so that they do not have to deliberate for a long time. In order to begin his dispute of the perceived guilt of the defendant, he carefully unpacks the aggravating evidence against the defendant. Juror 8's negotiation style is filled with checks with the other jurors. He does not want to be perceived as stepping over the interests of the other jurors, and typically interjects after he finds out the results.
The first action is the production of an identical knife to the supposed "unique" switchblade that served as the murder weapon. Juror 8 explicitly states that he believes that this alone evidence constitutes reasonable doubt. A key part of dispute resolution is to determine who is right (Ury, 1988). This is the fourth technique that Juror 8 employs in his negotiation style. The goal of Juror 8 is to illustrate reasonable doubt that he sees to the other jurors. Juror 8 sees significant reasonable doubt to a variety of factors, but he recognizes that his negotiation style must address each individual piece of evidence in order for maximal returns.
While Juror 8 sees this as a reasonable doubt, he has to see whether others believe that he is right. The fifth technique employed by Juror 8 is to determine who is more powerful, and factor that into the decision (Ury, 1988). Outnumbered by 11 to 1, Juror 8's preferred negotiation style is to act like he is "folding." He then concedes that if the votes remain the same, he will vote guilty to create the required unanimous verdict. At this point, Juror 8 likely realizes that if he cannot move opinions with his example of the knife, he will be unsuccessful in other points as well. Consequently, one could conclude that Juror 8's negotiation style is also economical - he will not invest time if he does not see a potential reward. Furthermore, Jury 8 displays that the transaction costs - in other words, the costs of continuously disputing and arguing - are too great to continue (Lewicki, 2015).
The decision to opt for a new vote is quite intriguing in how it suggests Juror 8 has become ambivalent. Is the importance of the outcome of the dispute in the vote important to Juror 8? It certainly seems that he has identified the transaction costs of argumentation and does not wish to engage with them. By folding, it gives the impression to other jurors that he values his relationship with them and does not want to waste their time. The sixth technique is the strategy that Juror 8 employs in his negotiation style. Consequently, given the chart Lewicki provides in "Negotiation Fundamentals," one could argue that Juror 8 falls under an accommodating negotiation style (Lewicki, 2015). At the same time, Juror 8 is engaging in the basic dispute process by disguising his motives - his importance of outcome is tremendously high from the onset of the film.
Juror 8 is a gifted speaker, and thus his negotiation style centers around re-framing and clarifying his points to others. Juror 8 is able to re-frame Juror 9's points in such a way that he has taken an apparent odd comment into practical proof for why a key witness cannot be considered reliable. The seventh technique that Juror 8 is reframing (Lewicki, 2015). Juror 8 spends significant portions of the deliberations discussing how the statement "I am going to kill you" can be unintentionally ambiguous. Juror 8 argues, to seemingly little success, that one can make that statement but not actually want to kill that person. Juror 3 seems to prepare to attack Juror 8, stating "I will kill him!". Juror 3 utilizes the irony in the statement to point out that Juror 3, while infuriated and embarrassed, probably did not truly want to kill him.
By this point in the film, Juror 8 has seemingly convinced others of his negotiation style in order to convey his importance of the outcome to everyone else. The conversation has shifted from a distributive, win-loss scenario into an integrative process where all points are being considered (Lewicki, 2015). Thus, the eighth technique of utilizing an integrative negotiation style emerges. The other jurors, previously ready to run out of the room with a guilty verdict, now truly weight all of the evidence and points that Juror 8 is bringing up. Instead of a distributive process of a win-loss form, the negotiation style has become integrative - each point is being debated for its merits, with a careful concern for the guilt or non-guilt of the defendant (Lewicki, 2015). The final technique that Juror 8 continuously employs is the salami technique (Lewicki, 2015). Juror 8 knows that he is perceived to be right and is slowly gaining power within the room. The salami technique is paired with an incremental closing technique as his final part of his negotiation style and strategy. While Juror 8 does not know how many voters may be swayed by a particular opinion, the unpacking of each problem with the purported "aggravating" circumstances slowly leans the room in Juror 8's favor. With each individual detail, he sways more voters and eventually convinces the room for a not-guilty verdict.
REAL LIFE APPLICATION
 
Technique 1
The first technique that I will analyze is the reconciliation of interests in the opening parts of a dispute. I would apply this concept in the business world, especially when I am interviewing or interfacing with other clients. My negotiation style is rather similar to that of Juror 3. Juror 8 is balanced, smart and considers all of the points. I tend to get very A dispute naturally occurs when someone feels that they are not having their interests considered. A dispute, in the interviewing sense, might be whether a hiring manager feels that it would be worthwhile to invite a candidate in for an in-person interview. Another way of reconciling the interests of the other party is to put me in their shoes - what would the interviewer be looking for in a candidate? A negotiation style that displays enthusiasm, a willingness to learn, effectiveness, and problem management seem to be the best places to start. The dispute, after all, is whether I am fit for the position, not the other way around.
An effective outcome for an interview is to either get the job or go deep into the interview process. The concept of the wisdom of the crowds is that a group of people will be accurate about predictions than a single man. There may be some opinions about interviewing that promote extreme honesty about one's character and experience, rather than bending the truth in the interview process. In the end, the wisdom of all of the people who have gone through the interviewing process surely yields some credence to the idea that the tactic of reconciling interests is important. There are situations where despite interviewing well, I will not receive the job. In some ways, I must learn to shape my negotiation style to that of Juror 8 - I can only exert so much control in the interviewing process and trying to negotiate my way into a job.
Technique 2
The second technique that I will analyze is the salami technique in closing a dispute. A negotiation, by nature, is often long and very exhausting. Many people will forget the points that have been made, and thus it is important to slowly unpack arguments with other people. One of the ways to apply this is with my significant other. My negotiation style with my significant other is rather chaotic. I spend a lot of time with them and it gets frustrating sometimes when we devolve into arguments. Arguments and negotiation styles between people who love each other can often be short-sighted because they focus on one issue. Recently, we fought about my decision to take more hours at work in the evenings.
A successful application of the salami negotiation style is to resolve arguments quickly and to potentially lessen their frequency. The "salami" negotiation style of unpacking each individual layer is successful when the other person completely understands each individual point or part of the discussion. For example, a successful discussion about working more would entail all of the different areas of wellness, such as occupational, emotional, physical and financial wellness. While a successful negotiation does not have to go in my favor, understanding all of the viewpoints serves to deepen and enhance one's relationship.
Technique 3
The third technique that I will analyze is integrative negotiation. I think that utilizing and embracing an integrative negotiation style is part of becoming a better leader and understanding how to resolve disputes with others. For this technique, I would like to discuss it in a professional sense. I often feel that I am a very absolute thinker, and often find it difficult to consider the points of others. Integrative negotiation styles ultimately can help me and others in the professional sphere, as careful consideration of all points of a dispute leads to more effective outcomes. Too often, leaders are accused of being too strict or ignoring the points of others. This leadership strategy can often be problematic, as it promotes dissent and ultimately provides more risk to the leader than simply taking the time out to hear other people.
I think that a successful integrative negotiation style is marked by a process. If I am thinking within a process of considering the positives and negatives of a decision, I know that I am employing an integrative negotiation style. For example, I might be in a dispute with my supervisor about how to handle a request from a client. If I am considering my leader's needs and the client's needs, I am practicing integrative negotiation styles. In other professional spheres, I can practice integrative negotiation styles in how I solve problems for anyone in the office. Whenever I am handed a job, I am entrusted with fixing problems or disputes that might emerge for a business. As a result, I must employ integrative negotiation styles to be successful in this transforming job market.
Technique 4
The fourth technique that I will analyze is reframing. As someone who is guilty of being absolute, I have a tendency of trying to force other people to understand my viewpoint through words. I neglect, more often than not, to employ other strategies in order to promote a better understanding of what I am trying to say. I will return to the example given earlier regarding the recent dispute between my significant other and I. Instead of framing the choice as one to earn more money, I might be best off changing the perspective - by asking my significant other what she would do if she were in my situation. By doing so, we emerge into a potential resolution rather than in disagreement.
Ultimately, my significant other and I get into arguments frequently because we find it difficult to connect with what the other person is saying. If a dispute emerges, it becomes difficult to reframe by simply re-wording the same sentence over and over. Negotiating requires imagination, as providing a different means of analysis can often be the solution for the dispute at hand. Often times, by reframing the argument, my significant other and I no longer have to continuously fight over something the other person might have said. Words, after all, have a tendency to be misunderstood or a source of further fighting.
Technique 5
The fifth technique that I will analyze is the far-point gambit. It seems that the far point gambit is a very risky strategy by nature because you are dealing with irrational actors. In a perfect world, the responses are similar to how Juror 8 was able to reverse the verdict of the case. Nonetheless, I think I will employ the far-point gambit in response to hiring managers or recruiters for firms who have a lot of candidates. I think that in general, the far point gambit can be effective in this instance given that the interested firm does not show a genuine interest in many of your qualities. Often, they might present an exploding offer, and the best response is to test their extremism by providing a rational requirement for accepting an offer of employment. If they reject the requirement, it is quite easy to see that the job might not be worthwhile.
The technique of a far-point gambit in the job search is very difficult. If I do not have many offers, it takes away my power in the job search to negotiate for the best possible conditions for a new job. It also suggests to others that I am weak, as I will take the job and that the company has all of the power in the employment search. A successful application of the far point gambit is rather binary - if they deny a reasonable request, one immediately knows that the job is not worth the investment. Furthermore, if they accept the reasonable request, one might be inclined to believe that this particular job might be worth hanging on to.
JUROR 4
 
Juror 4's negotiation style is the ideological antithesis of Juror 8. While Juror 8 finds the defendant not guilty, Juror 4 sees the presentation of aggravating circumstances as irredeemable proof that the defendant is more than likely guilty. Juror 4's negotiation style tends to lean towards integrative bargaining, as he makes numerous comments throughout the film disapproving of the brash styles of others. He cites how they should be like "gentlemen" in how they argue with one another. Juror 4 seems to not give much consideration to the potential mitigating circumstances for the defendant. Juror 4 voices significant doubt in the presentation of the alibi, as he seems unable to fathom that the defendant claimed to be at the movies but could not remember the pictures on the screen. Many of his opposing jurors seem to follow the opinions that have been voiced by others in the group, rather than thinking for themselves.
Juror 4 also seems to be someone who is limited in the scope of their considerations. For example, Juror 8 went through an extensive, slow negotiation style with each of the individual members of the jury. Juror 4 has an impressive recall of the facts from the trial, citing specific details about the testimony which places the defendant at the crime. With such an expansive recall of detail, Juror 4 seems to appreciate the level of recall that the witnesses provided which placed the defendant at the crime scene. It would seem rather curious that Juror 8's comments about the defendant's innocence are always rather certain. Juror 4 utilizes assured diction and seems to speak with a rather condescending tone, indicating a level of confidence in his own opinions. Juror 4 seems to fit the textbook's definition of negotiators who fall into conflict as Juror 4 displays qualities of "framing... [and] overconfidence" (Lewicki, 2015).
The main negotiation styles that were utilized by Juror 8 on Juror 4 was re-framing. Juror 4 is likely the archetypal person who would need someone to re-frame arguments in order to better consider them. Juror 4 is an opinionated person and is not afraid to share his criticisms of the other misbehaving jurors in the room. Juror 8 likely recognized that Juror 4 was rational in his decisions. Juror 4 did not factor in extemporaneous factors such as race, class or background that could potentially bias his decision. As such Juror 8 probably realized that flipping Juror 4 would require re-framing his consideration of certain key factors.
Juror 8's strategy would likely center around disproving one of the main witnesses that placed the defendant at the scene of the crime. The likely suspect would be to cast doubt on the female witness who placed the defendant at the crime and alleges that the defendant murdered his father. Ironically, Juror 8 does not create a sufficient opening, as Juror 9 is the one who begins to sway Juror 4. Juror 9 gets frustrated with Juror 4's constant fiddling of his glasses, and then realizes that the female had marks on her nose from wearing glasses. The female witness did not wear glasses to the trial, which illustrated some doubt about her reliability. If she did not wear glasses when she needed them, how could someone believe her testimony? Juror 8 seizes the opening by utilizing the salami technique. Each individual part of the testimony should be accurate, and Juror 8 points out how it would be impossible for someone who needed glasses to grab them and simultaneously witness the crime occurring.
JUROR NO.3
 
Juror 3 seems to be the most assured of the defendant's guilt from the start. Juror 3 is very similar to Juror 4 as they are both very uncompromising in their negotiation style. Of the five different approaches set out by Lewicki, one could argue that Juror 4 likely falls under avoidance (2015). His perceived importance of the outcome is very low, as he is completely swayed by his own experiences. Much like Juror 4's overconfidence and limited framing, Juror 3 is assured of the boy's guilt because he has been assaulted by his own son in the past. As Juror 8 opens up the discussion into an integrative negotiation, it seems that Juror 3 will not change his mind regarding the guilt of the defendant. Juror 3's negotiation style is more distributive, as he sees the bargaining about the defendant's guilt to be absolute in nature. Due to his past experience with his son punching him in the face, Juror 3 seems to be certain that this defendant must be guilty. Despite Juror 8 systematically reducing many of the aggravating circumstances against the defendant, Juror 3 remains steadfast in his beliefs.
The cinematic technique of juxtaposing Juror 3 to calmer jurors such as 4 and 8 illustrates how Juror 3 is immune to Juror 8's tactics of communication. One can confirm that Juror 3 is someone who falls under avoidance because he displays a clear disrespect to other jurors in the room. Juror 3 and Juror 8 are constantly at odds with one another, with Juror 3 often mocking Juror 8 for a perceived "sympathy" for the defendant. Juror 3 also makes several racist remarks and lacks the calm demeanor of Jurors 4 and 8. He even resorts to violence and readies to attack Juror 8 out of frustration, until he stops himself. In many ways, Juror 3 is setting himself up to be a part of his own "coalition" in this multi-party negotiation.
In the latter stages of the film, there are three remaining guilty votes that must be switched to not guilty for a unanimous verdict. Juror 4 marks this incident off by stating that he thinks the witness who identified the defendant as the murderer proves the guilt of the defendant. Juror 3 serves as a sounding board for Juror 9, who mentions how the female witness had marks on her nose from wearing eyeglasses. Juror 3 interrupts Juror 9's explanation, questioning why the marks could be such substantial proof for doubting the witness. The contrast between Juror 9 and Juror 3 during this explanation is stark - Juror 9 is calm, collected and assured; meanwhile, Juror 3 is yelling, out of control and confused. During this conversation, the remaining guilty jurors other than 3 - 12, 10 and 4 - all make various points that continue the line of inquiry that Juror 9 suggested. As a result, 12, 10 and 4 all convince themselves that the female witness who placed the defendant as the murderer can no longer be considered valuable testimony. Jurors 12, 10 and 4 all have come to the conclusion on their own, by re-framing and clarifying the points made by Juror 9. Juror 3's omission of both of these processes in his negotiation styles creates an antagonistic coalition, where Jurors 12, 10 and 4 no longer view Juror 3 as a reliable part of the negotiation. As a result, Juror 3 quickly folds as the last juror for "guilty" after revealing his own personal reasons that had nothing to do with the case.
BIBLIOGRAPHY
Lewicki, R. J., Barry, B., & Saunders, D. (2015). Negotiation: Readings, Exercises, and Cases. Homewood, Illi.
Ury, W. L., Brett, J. M., & Goldberg, S. B. (1988). Designing an effective dispute resolution system. Negotiation Journal4(4), 413-431.
November 24, 2019 — Daniel Edomwandagbon

BEST WOMEN WATCHES TO BUY.  

Choosing the right watch helps a lady to complete her outfits and reflect a great sense in your style. However, there are many types of watches one can choose from depending on the occasion you want to grace. Luckily, this style article is dedicated to helping women's select watches and buy the perfect watch for every opportunity.  However, most watch brands have a wide range of luxury watches, casual watches, sport watches, military watches, dressy and fashion watches. Some watch brands women watches specialize in jewelry, meaning they are more expensive since some may even incorporate some gold or diamond.   

To buy a watch which will never run out of fashion, it's good trying a luxury watch which has a simple, but somehow traditional look. A luxury watch that isn't too flashy may be worn with many different outfits, from casual to formal wear. It's worth trying a classic silver or gold band with a black, white, gold or silver look.  Buying casual watches for women will typically appear best with only casual outfits. They are available with many different bands, of all colors. Although a watch bearing a plain color matches nearly all you wear, buying a brightly colored watch will make a statement due to their great eye-appeal.  In case you want to go for a night out in the town or a formal event, then a dressy watch will be the best. This kind of women usually watches feature gold, silver, or platinum bands and may even have embedded crystals. Supposing you want to wear a dress then it's worth trying a slim band watch which closely looks like a bracelet. 

However, for active women, an excellent sports watch is essential. This kind of women watches is available both in digital and analog formats. Using the sports watch, you can time yourself in the exercises. Watches are usually waterproof to some depth meaning you can go underwater with them. Also, you can get a military watch for a military feeling in case of women or any other women.   In the fact of women who are totally in love with fashion trends and need to make significant style statements, then fashion watches is the way to go. The watches feature unique shapes, faces and a wide variety of attractive colors.      All of the women should be able to choose the perfect watch to match their individual styles. Purchase your right fitting fashionable watch for a unique feeling.

November 24, 2019 — Daniel Edomwandagbon

Importance of Logistics Design

Importance of Logistics Design.



Access to real-time data and analysis.
A critical aspect of logistics design is integrating Information Technology into every part of your supply chain from raw material acquisition to customer delivery. This means that when purchases are bought from suppliers that information should be relayed to the main office immediately. When materials are in transit their GPS data location should be sent to the head office for monitoring. Last but not least when goods arrive at the business or intended customer this should be known to the management so as to ensure everything is in order. Having all this data in real-time means that it is possible to account for delays, assess the efficiency of individual employees and learn which parts of the supply chain can be improved.
Reduction of waste and theft.
Using effective database management and sorting techniques it is possible to determine if there are actors within your organization engaging in theft or waste. A good logistics structure ensures every task within an organization has someone who is responsible for it.(1) This means that management can easily determine which tasks are not being accomplished effectively and assign responsibility fairly. Integrating security technology like password enabled door locks and security cards mean it is possible to determine who has access to inventory in case of theft.
Logistics automation for quick customer response.
The common saying that the customer is always right is something to keep in mind when designing a logistics network. From the moment a customer orders a product to the moment they receive it, great care should be taken to ensure that they have the best customer experience possible. This means that a customer should be able to know how many items are available in your stock, how long delivery will take if the items are insured in case of damage during transport and whether freight tracking is available. A customer should also be able to lodge complaints online or even offer praise where it is deserved.
Competitive advantage over rivals.
An organization that utilizes efficient logistics systems will always outperform potential rivals because they can assess their own performance relative to their actions. This means that unlike rivals who cannot spot waste, theft and time wasted you will be able to gradually improve on your organization's performance. It is also possible to assess your rival to see how they may be doing things better than you.
Planning for easy scalability.
A good logistics system will enable your organization to determine what it would take to scale up operations. You can determine how much capital will be needed, how long it will take, how many people will need to be hired and how much additional infrastructure will be needed. Silicon Valley today is littered with eCommerce organizations that started well only to collapse due to poor scaling strategies. These companies could not determine what quantity of perishable goods like vegetables and eggs to store so their inventories rotted away along with their fortunes. (2) These problems could be easily have been prevented with good logistics designs. 
Sources:
1. Robinson, A. (2016) Retrieved from https://bit.ly/2JaaIlQ
2. Berta, C. (2018) Retrieved from https://bit.ly/2PHLb4w

November 24, 2019 — Daniel Edomwandagbon

Starbucks and Kraft Could Have Negotiated a Better Distribution Deal.

Starbucks and Kraft Could Have Negotiated a Better Distribution Deal.



Starbucks is the world's largest coffee retailer with revenue exceeding $6 billion. This position was achieved by creating a powerful brand known for quality and excellence. This brand was severely tainted in its 3-year public divorce with Kraft Foods which resulted in a $2.75 billion loss for Starbucks. This forced Starbucks to issue debt worth over $750 million and dig into its cash reserves resulting in a nightmare for its shareholders during the third quarter of 2013. The sheer gravity of this mess leads one to wonder what could have been done differently to have a more amicable split between these two behemoths. So below is an in-depth assessment of the different choices that could have been made at the beginning of their distribution deal and the lessons that can be drawn from this affair.
Contracts that automatically renew are always bad for business.
The deal that had been negotiated by Starbucks and Kraft was set to renew itself automatically in March of 2014 and then again every ten years. Structuring a deal this way is always bad for both parties involved because it carries the risk of not being able to exit the deal when it is no longer financially viable to be in it. A coffee market is a place that is constantly evolving due to changing consumer demands, new government regulations and shifting management strategies. This means that flexibility is something you always want to have in order to meet these challenges. A perpetual deal creates a scenario in which one party can abuse the other because they know that the other side can't exit the deal without suffering immense financial liabilities. In this particular case, Starbucks felt that Kraft was being unfair but they couldn't exit the deal without paying a steep price for it.
Contracts should leave room for additional differentiated products.
At the core of the conflict between Starbucks and Kraft was that the former wanted the flexibility to incorporate a new brand of single-serve coffee pods. (1) This product was selling very fast at other retail chains but it worked against Kraft's interests because the deal that had been signed in 1998 guaranteed that Starbucks would only sell coffee pods that work in Kraft's Tassimo machines. Starbucks felt it was losing its coffee market share because of this inflexibility but Kraft argued that they had invested a lot of money based on a market strategy that relied on the contractual terms agreed upon. In the end, the arbitrator sided with Kraft costing Starbucks billions. (2) All this could have been avoided if Starbucks and Kraft could have agreed upon a more flexible model because this would have profited both parties immensely.
A smart contract anticipates uncertainty and an end to a relationship.
At the time this deal was originally signed in 1998 it must have seemed very astute but that is not how it will be remembered in history. The contract failed to create terms for how much either party would be entitled to in case of disagreement. Cancellation penalties should have been negotiated in advance and more importantly some room should have been created to handle changing industry conditions. 
Sources:
1. Strom, S. (2013). Retrieved from https://nyti.ms/2LpgzX1
2. Baertlein, L. (2013). Retrieved from https://reut.rs/2vEk1SY
November 24, 2019 — Daniel Edomwandagbon

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